art23 request corrective action

							                 NATIONAL FEDERATION OF FEDERAL EMPLOYEES
                                     AN AFFILIATE
      INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, CLC

                LOCAL 1771 – SHASTA TRINITY NATIONAL FORESTS

                                                                                  May 23, 200X
To:    John Jones
       District Ranger
       Big Flat Ranger District
       Blue Sky National Forest

Subject: Request for Corrective Action
         Mr. Smith, Big Flat Ranger District


Mr. Jones,

Pursuant to the provisions of the Master Agreement Between the Forest Service and the National
Federation of Federal Employees, enclosed is a Request for Corrective Action filed by Local
1771 on behalf of Mr. Smith, Big Flat Ranger District, Blue Sky National Forests.

As the designated Official Representative for Mr. Smith, please include Mr. Ed Savolainen in all
communications and actions taken in regard with this issue.

Thank you for your assistance in this matter.




/s/Ed Savolainen
Union Representative
Local 1771
FSC, NFFE, IAMAW



Cc: Dan Duefrene, President Local 1771, FSC/NFFE/IAMAW
Cc: Ron Howard, Chief Steward Local 1771, FSC/NFFE/IAMAW
Cc: Mr. Smith, Big Flat Ranger District, Blue Sky National Forest.



                        Request for Corrective Action                                  1
THE ISSUE
Mr. Smith, Resource Technician, Big Flat Ranger District, was hired as a “Seasonal Employee”
in January 1996. Mr. Smith signed his “Seasonal Agreement” at the time of his hiring, in which
he agreed to a Seasonal Tour of 18/2.

However, since January 1996, Mr. Smith has worked continuously for the last 105 months
without a seasonal break or released from work. And without a review nor renewal of his
Seasonal Agreement.


THE APPLICABLE RULES
5 CFR 340.401 (a) states:

      Seasonal employment means annually recurring periods of work less than 12 months
       each year.


5 CFR 340.402 (a) states:

      Appropriate use …… performs work which recurs predictably year-to-year. Seasonal
       employment may not be used as a substitute for full time employment or as a buffer for
       the full time workforce.


5 CFR 340.402 (b) states:

      Length of the season. Agencies determine the length of the season, subject to the
       condition that it be clearly tied to the nature of the work.



Article 23, paragraph 2, of the Master Agreement between the Forest Service and the National
Federation of Federal Employees states:

      Definition. Seasonal employment means recurring periods of work less than 12
       months each year.


Article 23, paragraph 4, of the Master Agreement between the Forest Service and the National
Federation of Federal Employees states:




                       Request for Corrective Action                                  2
      For seasonal employees, the season will be defined as closely as practical to the actual
       work requirements so that an employee has a clear idea of how much work he or she
       can expect during the year.




ANALYSIS
Mr. Smith has worked continuously for the last 105 months without a seasonal break or released
from work. And without a review nor renewal of his Seasonal Agreement.

The Big Flat Ranger District of the Blue Sky National Forest is in non-compliance with 5 CFR
340.401 (a), as well as Article 23, paragraph 2, of the Master Agreement.

The Big Flat Ranger District of the Blue Sky National has also failed to implement Mr. Smith’s
Seasonal Agreement as described in 5 CFR 340.402, and Article 23 of the Master Agreement.




REQUEST FOR CORRECTIVE ACTION


Local 1771, FSC/NFFE/IAMAW, on behalf of Mr. Smith requests that Mr. Smith’s tour be
converted to Permanent Full Time status.




                       Request for Corrective Action                                  3